REPUBLIC ACTS

REPUBLIC ACT NO. 4792 - AN
ACT GRANTING ZOILO DEJARESCO, JR., A FRANCHISE TO CONSTRUCT, MAINTAIN
AND OPERATE TELEVISION AND RADIO BROADCASTING STATIONS IN THE PROVINCE
OF BOHOL

Section
1. Subject to the provisions of the Constitution,
Zoilo Dejaresco, Jr.s hereby granted for a period of twenty-five years
a franchise to construct, maintain and operate, for commercial purposes
and in the public interest, television and radio broadcasting stations
in the Province of Bohol: provided, that this franchise shall be void
unless the construction of at least one television station or one radio
broadcasting station be begun within four years from the date of
approval of this Act, and be completed within five years from said
date: provided, further, that the grantee shall provide adequate public
service time to enable the Government, through the said television and
radio broadcasting stations, to reach the population on important
public issues; shall assist in the functions of public information and
education; shall conform to the ethics of honest enterprise; and shall
not use his stations for the broadcasting and/or telecasting of obscene
or indecent language, speech, act or scene, or for the dissemination of
deliberately false information or wilful misrepresentation, or to the
detriment of the public health, or the incite, encourage, or assist in
subversive or treasonable acts.

Sec. 2. Such provisions of Act Numbered
Thirty-eight hundred forty-six, entitled "An Act providing for the
regulation of radio stations and radio communications in the Philippine
Islands, and for other purposes;" Act Numbered Thirty-nine hundred
ninety-seven, known as the Radio Broadcasting Law: Commonwealth Act
Numbered One hundred forty-six, known as the Public Service Act, and
their amendments, as are applicable to radio broadcasting stations
shall be applied, as far as practicable to the television stations
referred to in Section one hereof.

Sec. 3. As a condition of the granting of this
franchise, the grantee shall execute a bond in favor of the Government
of the Philippines, in the sum of fifty thousand pesos, in form and
with sureties satisfactory to the Secretary of Public Works and
Communications, conditioned upon the faithful performance of the
grantee's obligations hereunder during the first three years of the
life of this franchise. If, after four years from the date of
acceptance of this franchise, the grantee shall have fulfilled said
obligations, or as soon thereafter as the grantee shall have fulfilled
the same, the bond aforesaid shall be cancelled by the Secretary of
Public Works and Communications.

Sec. 4. Acceptance of this franchise shall be
given in writing within six months after the approval of this Act. When
so accepted by the grantee and upon approval of the bond aforesaid by
the Secretary of Public Works and Communications, the grantee shall be
empowered to exercise the privileges granted thereby.

Sec. 5. The grantee's radio broadcasting and
television station shall not be put in actual operation until the
Secretary of Public Works and Communications shall have allotted to the
grantee the frequency and wave lengths to be used under this franchise
and issued to the grantee a license for such use.

Sec. 6. In the event of any competing individual,
partnership or corporation receiving from the Congress a similar
franchise in which there shall be any term or terms more favorable than
those herein granted or tending to place the herein grantee at any
disadvantage, then such term or terms shall ipso facto become a part of
the terms hereof and shall operate equally in favor of the grantee as
in the case of said competing individual, partnership or corporation.

Sec. 7. (a) The grantee shall be liable to pay the
same taxes on his real estate, buildings and personal property
exclusive of this franchise, as other persons or corporations are now
or hereafter may be required by law to pay.

(b) The grantee shall further be liable to pay all
other taxes that may be imposed by the National Internal Revenue Code
by reason of this franchise.

Sec. 8. The grantee shall hold the national,
provincial and municipal governments of the Philippines harmless from
all claims, accounts, demands, or actions arising out of accidents or
injuries, whether to property or to persons, caused by the construction
or operation of the stations of the grantee.

Sec. 9. This franchise hereby granted shall be
subject to amendment, alteration, or repeal by the Congress of the
Philippines when the public interest so requires.

SECTION 10. In the event the Government should desire
to maintain and operate for itself any or all of the stations herein
authorized, the grantee shall turn over such station or stations to the
Government with all the serviceable equipment therein, at cost, less
reasonable depreciation.

SECTION 11. A special right is reserved to the
President of the Philippines in time of war, rebellion, public peril,
emergency, calamity, disaster or disturbance of peace and order, to
cause the closing of said stations or to authorize the temporary use
and operation thereof by any department of the Government upon due
compensation to the grantee for the use of said stations during the
period when they shall be so operated.

SECTION 12. The grantee shall not require any
previous censorship of any speech play, act or scene or other matter to
be broadcast and/or telecast from his stations; but if any such speech,
play, act or scene or other matter should constitute a violation of the
law or infringement of a private right, the grantee shall be free from
any liability, civil or criminal, for such speech, play act or scene or
other matter: provided, that the grantee, during any broadcast and/or
telecast, shall cut off from the air the speech, play, act or scene or
other matter being broadcast and/or telecast, if the tendency thereof
is to propose and/or incite treason, rebellion or sedition, or the
language used therein or the theme thereof is indecent or immoral, and
wilful failure to do so shall constitute a valid cause for the
cancellation of this franchise.

SECTION 13. The grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise nor the rights and
privileges acquired thereunder to any person, firm, company,
corporation or other commercial or legal entity, nor merge with any
other company or corporation organized for the purpose, without the
previous approval of the Congress of the Philippines. Any corporation
to which this franchise is sold, transferred or assigned, shall be
subject to all conditions, terms, restrictions and limitations of this
franchise as fully and completely and to the same extent as "if the
franchise had been originally granted to the said person, firm,
company, corporation or other commercial or legal entity.

SECTION 14. Whenever in this franchise the term
"grantee" is used, it shall be held and understood to mean Zoilo
Dejaresco, Jr., his representatives, successors or assigns, unless the
context indicates otherwise.

SECTION 15. This franchise shall not be interpreted
as an exclusive grant of the privileges herein provided for.